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Lord Mackay of Ardbrecknish: I had rather hoped that my noble friend Lady Fookes would have dealt with this amendment. I understand that we are content with it and are grateful to the Government for bringing it forward.

On Question, amendment agreed to.

[Amendments Nos. 280E and 280EA not moved.]

24 Oct 2000 : Column 258

Clause 135 [General function of Commission with respect to monitoring compliance with controls imposed by the Act etc.]:

Lord Bassam of Brighton moved Amendment No. 280F:


    Page 87, leave out lines 10 to 12 and insert--


("(b) the restrictions and other requirements imposed by other enactments in relation to--
(i) election expenses incurred by or on behalf of candidates at elections, or
(ii) donations to such candidates or their election agents.").

The noble Lord said: These are government amendments which relate to the general enforcement powers of the electoral commission. They establish the enforcement machinery set out in Clauses 135 to 138 of the Bill. Without these amendments, the legislation will not work. They are there to give it teeth. I hope these amendments will find favour with the Committee. Perhaps the best way to proceed is for me to answer particular points where Members of the Committee are uncertain of the effect of the amendments.

On Question, amendment agreed to.

Lord Bach moved Amendments Nos. 281 and 281A:


    Page 87, line 14, at end insert ("unless and to the extent that the Scottish Ministers by order so provide.


(3) For the purposes of subsection (2), the reference in subsection (1)(b) to any enactment shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
(4) Section 146(5) shall apply to an order made by the Scottish Ministers under subsection (2) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
(5) The power of the Scottish Ministers to make an order under subsection (2) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(6) The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any function conferred by virtue of an order made under subsection (2).").


    Page 87, line 14, at end insert--


("( ) In this section and sections 136 and 138--
"election" means a relevant election for the purposes of Part II;
"election agent" includes a sub-agent.").

On Question, amendments agreed to.

Clause 135, as amended, agreed to.

Clause 136 [Supervisory powers of Commission]:

9 p.m.

Lord Bach moved Amendments Nos. 281B and 281C:


    Page 88, line 34, leave out from ("to") to ("as") in line 35 and insert ("the income and expenditure of candidates within paragraph (b) of that subsection and their election agents").


    Page 88, line 37, leave out from ("with") to end of line 39 and insert ("restrictions and other requirements falling within section 135(1)(b)").

24 Oct 2000 : Column 259

On Question, amendments agreed to.

Clause 136, as amended, agreed to.

Clause 137 [Civil power for failure to deliver documents etc.]:

[Amendment No. 281D not moved.]

Lord Bach moved Amendments Nos. 282 to 285:


    Page 89, line 9, at end insert--


("(za) the requirements of section (Notification of changes in party's officers etc.)(4) or (Registration of minor parties)(3) are not complied with in relation to any notification required to be given by the treasurer or (as the case may be) registered leader of a registered party;").

89, leave out lines 17 and 18 and insert ("any notification required to be given by the treasurer of a registered party;").


    Page 89, leave out lines 34 to 38 and insert--


("(a) the end of the period within which--
(i) the notification mentioned in subsection (1)(za) or (c) was required to be given to the Commission, or
(ii) the document mentioned in subsection (1)(a), (b), (d), (e) or (f) was required to be delivered to them,").

90, line 7, leave out from ("subsection") to ("a") in line 9 and insert ("(3)(a)").

The noble Lord said: These amendments have already been spoken to. I beg to move.

On Question, amendments agreed to.

[Amendment No. 286 had been withdrawn from the Marshalled List.]

Lord Bach moved Amendments Nos. 286A and 287:


    Page 90, line 21, leave out ("(3)(a)(i) shall be read as referring to") and insert ("(3)(a) shall be read as referring to the end of").


    Page 90, line 32, leave out ("(1)(a)") and insert ("(1)(za) or (a)").

The noble Lord said: These amendments have already been spoken to. I beg to move.

On Question, amendments agreed to.

Clause 137, as amended, agreed to.

Clause 138 [General offences]:

Lord Bach moved Amendments Nos. 287A to 287L:


    Page 90, line 43, after ("individual") insert ("which is or is liable to be required to be produced for inspection under section 136(1), and does so").


    Page 91, line 15, at end insert--


("( ) In subsections (1) to (3) any reference to a supervised organisation or individual includes a reference to a former supervised organisation or individual.").


    Page 91, line 15, at end insert--


("( ) Subsections (1) and (3) shall apply in relation to a person who is (or has been)--
(a) a candidate at an election (other than a local government election in Scotland), or
(b) the election agent for such a candidate,
as they apply in relation to a supervised individual (or a former supervised individual), except that in their application in relation to any such person any reference to any of the provisions of this Act includes a reference to any other enactment imposing any restriction or other requirement falling within section 135(1)(b).").


    Page 91, line 17, after ("is") insert ("a regulated donee,").

24 Oct 2000 : Column 260


    Page 91, leave out line 21 and insert ("or (in the case of such a party with accounting units) the central organisation of the party or any of its accounting units;").


    Page 91, line 21, at end insert--


("( ) a regulated donee which is a members association,").


    Page 91, line 24, at end insert ("a person who is (or has been)").


    Page 91, line 25, after ("party") insert ("(other than a minor party)").


    Page 91, line 25, leave out from ("or") to end of line 26 and insert ("the central organisation of such a party, the treasurer of the party,


( ) in relation to any accounting unit of such a party, the registered treasurer of the unit,").


    Page 91, line 26, at end insert--


("( ) in relation to a regulated donee which is a members association, the responsible person for the purposes of Schedule 6,").


    Page 91, line 30, at end insert--


("( ) "regulated donee" and "members association" have the same meaning as in Schedule 6;").

The noble Lord said: These amendments have already been spoken to. I beg to move.

On Question, amendments agreed to.

Clause 138, as amended, agreed to.

Clause 139 [Inspection of Commission's registers etc.]:

Lord Bach moved Amendment No. 288:


    Page 91, line 36, leave out ("21") and insert ("(The new registers)").

On Question, amendment agreed to.

Lord Bach moved Amendment No. 288A:


    Page 92, line 14, at end insert--


("( ) Where any register falling within subsection (1) or any document falling within subsection (6) is held by the Commission in electronic form, any copy--
(a) made available for public inspection under subsection (2), or
(b) supplied under subsection (4),
must be made available, or (as the case may be) supplied, in a legible form.").

The noble Lord said: Perhaps I may tell the Committee that I am speaking also to Amendment No. 318A. These are two technical amendments to Clauses 139 and 150. Amendment No. 288A simply ensures that, where the electoral commission holds its various registers--for example, the registers of political parties--in electronic form, they must be made available to the public in a legible format. The Committee may think that that is rather a statement of the obvious but we place a similar requirement on political parties and other regulated organisations. Amendment No. 318A adds the definition of a local government election. The definition as it stands essentially covers the election of councillors. As such, it does not take into account directly elected mayors whose election is provided for in Part II of the Local Government Act 2000. The amendment plugs the gap. The principal effect of the amendment will be to apply the restrictions on the use of candidates' descriptions contained in Clause 20 to elections for the return of an elected mayor. As we discussed earlier in the

24 Oct 2000 : Column 261

Committee's proceedings, these restrictions are an essential mechanism for bringing all organisations which put up candidates at an election within the controls on parties' income and expenditure. I beg to move.

On Question, amendment agreed to.

Clause 139, as amended, agreed to.

Clause 140 agreed to.

Schedule 19 [Penalties]:

[Amendments Nos. 289 to 307 not moved.]


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